GSB# 2004-2714
UNION# 2004-0517-0096
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Valladares)
Union
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Barry Stephens
Vice-Chair
FOR THE UNION
Scott Andrews Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Pauline Jones Staff Relations Officer Ministry of Community Safety and Correctional Services
HEARING
June 20, 2006.
Decision
The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to a “True Mediation-Arbitration” process, wherein each provides the vice-chair with submissions, which include the facts and authorities each relies upon. The process adopted by the parties provides for a canvassing of the facts during the mediation phase, although the vice-chair has the discretion to request further information or documentation. Arbitration decisions are issued in accordance with Article 22.16 of the collective agreement, without reasons, and are without prejudice or precedent.
The grievance in this case relates to a claim by the grievor that he was not advised of a job posting for an OAG 8 position, and that the position was improperly awarded to a student employee. The employer stated that the position was posted in accordance with normal procedure, and that there were several applicants from within the bargaining unit, including other employees who work in the same area as the grievor.
After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be dismissed.
Dated at Toronto, this 25th day of July, 2006.